3 Dec 2009
JEFFRIES V THE PRIVACY COMMISSIONER CA CA339/2008
- Citation
- openlaw-4b28b43e_cb65_4b89_88f2_fbb04e548edc.pdf
- Court
- Court of Appeal
The Court held that the appellant, although potentially excluded from the statutory definition of 'agency', was nonetheless a 'person' within s91(4) and therefore properly subject to a notice requiring information; unsolicited third‑party material does not attract legal advice privilege and, because the material was not obtained or prepared for the dominant purpose of litigation, it did not attract litigation privilege, so the appellant could not refuse to disclose the source to the Commissioner.